BRIJESH KUMAR GUPTA Vs. SHIKHA GUPTA

JUDGEMENT

(1.) IMPUGNED order of 18th December, 2012 entertained petitioner's appeal under Section 29 of The Protection of Women from Domestic Violence Act, 2005 subject to deposit of arrears of maintenance, as granted by the trial court while permitting petitioner to deduct the amount of Rs. 92,000/ - from the amount due. Appellate Court vide impugned order has directed the petitioner to convert the arrears of maintenance into two fixed deposit receipts of equal amount in the name of respondent -wife. The challenge to the impugned order of 18th December, 2012 is on the ground that no pre - condition can be imposed for hearing a statutory appeal under Section 29 of The Protection of Women from Domestic Violence Act, 2005. However, at the hearing learned senior counsel for petitioner had placed reliance upon Apex Court's decision of 29th January, 2015 in Crl.M.P.No.1577/2015 in Crl. Appeal No.2070/2014 Shalu Ojha Vs. Prashant Ojha whereby time bound directions have been issued to the Appellate Court to hear the appeal under Section 29 of The Protection of Women from Domestic Violence Act, 2005 on merits without any pre -condition.

(2.) DURING the course of hearing, attention of this Court was drawn to various interim orders passed by different Benches of this Court whereby statutory appeal under Section 29 of The Protection of Women from Domestic Violence Act, 2005 have been directed to be heard upon deposit of 50% of the maintenance amount. It was submitted by learned senior counsel for petitioner that till date petitioner has already deposited a sum of Rs. 4,00,000/ - and has no means to further deposit the highly inflated maintenance amount awarded by trial court and since substantial amount has been deposited by petitioner, therefore, Appellate Court be directed to hear petitioner's statutory appeal without any further deposit.

(3.) ATTENTION of this Court was drawn to Apex Court's decision rendered on 18th September, 2014 in Crl. Appeal No. 2070/2014 Shalu Ojha Vs. Prashant Ojha,2014 SCC 734 to remind this Court that in proceedings under The Protection of Women from Domestic Violence Act, 2005 the courts should be slow to grant interim orders.